Recently, there have been more frequent cases when Territorial Procurement Centers (TCCs) ignore requests from notaries to obtain information on the amount of monetary support for deceased servicemen. This leads to a violation of the rights of the heirs who cannot formalize their inheritance rights.
As noted by the Chamber of Notaries of Ukraine in an appeal to the Ministry of Justice, in accordance with the current legislation, all monetary payments that were not received by the serviceman at the time of his death are part of the inheritance. In order to obtain a certificate of the right to inheritance, the heirs must contact a notary. The notary, in turn, has the right to request the necessary information and documents in accordance with Article 46 of the Law “On Notaries”.
However, as indicated in the letter, the military units on whose balance sheet the dead soldiers were, do not carry out direct correspondence regarding the payment of monetary support. This correspondence should be carried out through TCCs, which, unfortunately, do not always promptly receive and transmit the necessary information.
Ignoring the requests of notaries by the TCC creates serious problems for the heirs of the deceased, forcing them to go to court due to the impossibility of registration of inheritance rights. The lack of necessary documents makes this process much more difficult.
The Ministry of Justice has already responded to the appeal of the Notary Chamber and sent a corresponding letter to the Ministry of Defense of Ukraine with a request to contribute to the solution of this problem and to ensure a timely response to the requests of notaries so that the rights of the heirs are properly protected.
